Our prenuptial agreement solicitors’ services in London
Phone: 020 3301 3276
Address: 56 Queen Anne Street, London, W1G 8LA
Email: [email protected]
- Creating a prenuptial agreement
- Responding to a prenuptial agreement
- Creating a postnuptial agreement
- Prenuptial agreement dispute resolution
Our award-winning team
Our specialist team of family lawyers have been externally recognised by Resolution, Chambers UK, the Legal 500 and the Law Society. In 2019, we were winners of the Medium Law Firm of the Year award at the Law Society Excellence Awards, which was an important moment in our team’s history.
We’re here to guide and support you
We understand that everyone’s circumstances are unique. That is why we can guide you through your available options during an initial call with our team, with no obligation to take things further unless you would like to.
Our London prenuptial agreement solicitors’ fees
We are able to offer flexible funding options to cover our prenuptial agreement costs, and in some cases agreed fees where appropriate. Please get in touch to find out more.
Creating a prenuptial agreement
Our prenuptial agreement solicitors can work closely with you to draft a carefully tailored document that provides you with financial security should you and your partner separate in the future.
You should be aware that couples gain an automatic right to each other’s assets when they are married, which could present certain complications in certain scenarios, such as if there is a financial imbalance between both partners. A prenuptial agreement provides both parties with clarity over what will happen in the event of separation, reducing the potential for future conflict.
When instructed, our expert prenuptial agreement solicitors can assess your situation and what you would like to protect, creating a document that can be negotiated with your partner and their legal representatives.
Responding to a prenuptial agreement
If you have been served with a prenuptial agreement by your partner, we can also review this for you and advise on whether it will be in your best interests to sign. A prenuptial agreement can only be upheld by the court if both parties have received independent legal advice prior to signing.
There are likely to be a range of benefits and drawbacks to a prenuptial agreement which should be carefully assessed before you decide whether to agree to the terms. If necessary, our solicitors can also look to negotiate specific terms in the document so that they accurately reflect your wishes and provide you with robust protection.
Creating a postnuptial agreement
It is possible to create an agreement after you are already married. This is known as a postnuptial agreement. Postnuptial agreements work in much the same way as prenuptial agreements in a legal sense, with the only real difference being the point at which they are signed.
If you wish to change the terms of an existing prenuptial agreement, you will need to create a postnuptial agreement from scratch.
No matter whether you already have a prenuptial agreement in place, or you would like to create a document for the first time, our solicitors can support you. Including making provisions for what happens to the family home and how other assets are divided.
Prenuptial agreement dispute resolution
Even with the presence of a prenuptial or postnuptial agreement, disagreement can still arise during separation proceedings. In certain scenarios, it may be possible to contest a prenuptial agreement, which is where speaking to an expert solicitor can prove invaluable support.
Whatever the reasons for the dispute, our prenuptial agreement solicitors in London can provide swift assistance, helping you to reach a positive resolution while keeping disruption to a minimum.
Our team are experts in alternative dispute resolution methods including family mediation, collaborative law and arbitration. This gives us the best chance of finding an amicable outcome without allowing tensions to escalate.
Prenuptial agreement law FAQs
What is a prenuptial agreement?
A prenuptial agreement (also commonly referred to as a prenup or Pre Marriage Agreement) is a document made by a couple prior to their marriage or civil partnership. In essence, the document sets out how their assets will be dealt with and distributed if a divorce or dissolution occurs.
How much are prenuptial agreements?
It is important to note that there are no exact costs when it comes to prenuptial agreements. Different types of prenuptial agreements are likely to vary in complexity and the cost of a prenuptial agreement is likely to correspond with this.
It may be possible to agree a fixed fee for a prenuptial agreement, but this will be entirely dependent on the circumstances. It is always worth remembering that, for the vast majority of couples, the cost of creating a prenuptial agreement is always likely to outweigh the fees involved in an acrimonious divorce.
How do prenuptial agreements work?
Prenuptial agreements are fairly simple on the surface. When creating the document, you will detail how you would like specific assets to be dealt with in the future, namely the assets that form part of the ‘matrimonial pot’.
Are prenuptial agreements legal in the UK?
Yes, prenuptial agreements are legal in the UK. Whether they are legally enforceable will depend on the way the document was created and what terms it contains.
Are prenuptial agreements legally enforceable in the UK?
The enforceability of a prenuptial agreement is dependent on a number of factors. Prenuptial agreement law outlines that the documents are not strictly legally binding, but they are given significant legal weight by the court, so long as:
- Both parties received independent legal advice when the document was created
- Both parties provided full financial disclosure
- The agreement was freely entered into by both parties
- The agreement is considered fair to both parties
This assessment is considered on a case-by-case basis, so there is no ‘one-size-fits-all’ approach that is taken by the courts, however, the above guidelines for prenuptial agreements should help to illustrate why expert legal advice is so important.
Can you make a prenuptial agreement after you are married?
If you are already married and you would like to make a prenuptial agreement, you will have the opportunity to create a postnuptial agreement. Postnuptial agreements work in broadly the same way as a prenuptial agreement if they are used during separation, with the only real difference being the point at which they are created.
If you wish to change any of the terms in your existing prenuptial agreement, you will need to create a new postnuptial agreement.
How long do prenuptial agreements last?
Generally speaking, there is no expiration date to a standard prenuptial agreement. However, as a prenup is a contract, the length of the agreement can be included in its terms. Some prenuptial agreement may include certain clauses which state a future date after which it is no longer valid.
This is something our solicitors can advise you on if you are considering adding an expiration clause to your agreement.
What can be included in a prenuptial agreement?
There are a number of different issues which need to be accounted for when you create a prenuptial agreement. While the specific terms of the agreement will vary for each individual, examples of matters that are often covered in prenuptial agreements include:
- The family home
- Money (such as savings and investments)
- Additional property
- Inheritance and trusts
- Stocks and shares
- Business interests
- Children’s right to property and assets
What cannot be included in a prenuptial agreement?
There are also a range of issues that cannot be included in a prenuptial agreement. These include:
- Child custody, including visitation and schooling
- Child support
- Personal matters
- Lifestyle matters
Who should sign a prenuptial agreement?
There is a common misconception that prenuptial agreements are only for the rich and famous. This is not at all accurate, as prenuptial agreements can be very useful for couples from all walks of life.
Prenuptial agreements can be used for couples who have an existing disparity in wealth, are expecting future wealth or wish to protect savings for inheritance. Even where couples do not have significant assets, a prenuptial agreement can be very useful in order to prevent acrimonious litigation.
Can you get a quick prenuptial agreement before marriage?
A prenup is not something that should be rushed into. Both people need to carefully consider what is right for them and get expert legal advice. For a prenuptial agreement to have legal standing, each person must be given reasonable time to consider the terms, so it is not something you can sign at the last minute before the wedding.
Insights for prenuptial agreements from our experts
- How much is a prenuptial agreement?
- How to enforce the terms of a nuptial agreement
- Everything you need to know, and more about pre-nuptial and post-nuptial agreements: Part 1
- What are pre-nuptial and post-nuptial agreements? What are their advantages and disadvantages? Part 2
- What goes into a pre-nup or a post-nup? – Part 3
- Pre-nuptial agreements for business owners